STORAGE AND DISPLAY
34. (1) Pest control products must be stored and displayed in accordance with any conditions set out on the label.
Marginal note:Procedure to avoid contamination
(2) Pest control products that bear the signal word POISON superimposed on the precautionary symbol for danger set out in item 2 of Schedule 3 must not be stored or displayed with human food or animal feed, but must be stored or displayed in a separate room or be separated in such a way as to avoid any possible contamination of the food or feed.
Marginal note:Conditions on documents
35. When conditions of registration that relate to the distribution of a pest control product are specified by the Minister under paragraph 8(1)(a) of the Act, those conditions must be shown on the documents that accompany the shipment.
Marginal note:Declaration and contents
36. A pest control product may be imported into Canada if it is accompanied by a declaration, in English or in French, signed by the importer, that sets out all of the following information:
(a) the name and postal address of the shipper;
(b) the product name of the pest control product;
(c) the chemical, common chemical or other name of the active ingredient of the pest control product and the amount of it contained in the product;
(d) the total amount of the pest control product being imported;
(e) the name and address of the importer; and
(f) the purpose of the importation, as follows:
(i) “For Resale”, together with the registration number of the pest control product, if it is registered and is being imported for resale,
(ii) “For Manufacturing Purposes”, if the pest control product is being imported for use in the manufacture of a registered pest control product,
(iii) “For Research Purposes”, if the pest control product is being imported for research purposes, or
(iv) “For Own Use”, if the pest control product is being imported under an own-use import certificate.
Marginal note:Specified purposes
37. For the purpose of subsection 41(1) of the Act, the use of an imported foreign product for a person’s own use and the importation of that product are specified purposes.
Marginal note:Conditions of import
38. A pest control product may be imported by or on behalf of a person for that person’s own use if the following conditions are met:
(a) it is a foreign product for which an equivalency certificate is in effect; and
(b) it is imported under an own-use import certificate.
39. (1) A person or an organization may apply to the Minister to determine whether a foreign product that meets the requirements of paragraphs 43(a) to (d) is equivalent to a registered pest control product that does not have the product class designation “RESTRICTED”.
(2) The application must include information that indicates that the requirements of paragraphs 43(a) to (d) are met, a copy of the proposed own-use import label that shows the information referred to in section 40, and the following information in respect of both the foreign product and the registered pest control product:
(a) all of the following information:
(i) the composition of the product and of the active ingredient that is used to manufacture it which, in the case of the registered pest control product and its active ingredient, must be the composition specified by the Minister in the conditions of registration under paragraph 8(1)(a) of the Act,
(ii) the name, manufacturer and manufacturing process of the active ingredient that is used to manufacture each of the products, and
(iii) the guarantee statement described in paragraph 26(1)(h); or
(b) a detailed and comprehensive analysis, with an accompanying explanation of methodology that, on its own merits, permits validation of procedures, results and conclusions, to determine the composition of the foreign product and of the registered pest control product, including the identity and concentration of the active ingredient, formulants and contaminants of the two products.
Marginal note:Written consent equivalent
(3) Instead of providing the information required by subsection (2) with respect to the registered pest control product, the applicant may provide the written consent of the registrant of that product for the Minister to use or rely on any information that the registrant had previously provided to the Minister.
Marginal note:Information in Register
(4) The Minister must place all of the following information in the Register with respect to an application to determine equivalence made under subsection (1):
(a) the name of the applicant;
(b) the date of the application;
(c) the product name and registration number of the registered pest control product and the product name and product identifier of the foreign product; and
(d) the country of registration of the foreign product.
Marginal note:Issuance of equivalency certificate
(5) If the Minister determines that a foreign product is equivalent to a registered pest control product, the Minister must issue an equivalency certificate.
Marginal note:Equivalency certificate
(6) An equivalency certificate
(a) applies only to the foreign products for which the Minister has determined equivalency under subsection (5);
(b) expires on the date specified in the certificate, which must be no later than one year after it is issued;
(c) is no longer valid if the composition of either the foreign product or the registered pest control product changes; and
(d) is no longer valid if any of the circumstances described in paragraphs 43(b) to (d) occurs.
(7) On the expiry of an equivalency certificate in accordance with paragraph (6)(b), the Minister may renew it, on application, if he or she is satisfied of both of the following:
(a) that the circumstances described in paragraphs 43(b) to (d) continue to be true; and
(b) that the composition of neither the registered pest control product nor the foreign product has changed.
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